§ 35-371. Accessory Dwellings.

Accessory and Principal Dwellings

STATEMENT OF PURPOSE

Affordable housing and neighborhood stability are important public objectives in the City of San Antonio. In recent years, accessory dwellings have become an important method to permit families to remain in their homes by securing rental income, while at the same time providing affordable housing for the elderly, single-person households, students, and other needy populations. Accessory dwellings are also known as "carriage houses," "granny flats," or "echo homes" (an acronym for "elder cottage housing opportunities").

The provisions of this section implement Policy 4i (Neighborhoods) of the master plan, which requires the city to permit carefully controlled accessory housing in single-family residential zoning districts.

(a)

Generally.

(1)

The property owner, which shall include title holders and contract purchasers, must occupy either the principal unit or the accessory dwelling as their permanent residence, and shall at no time receive rent for the owner-occupied unit. "Owner occupancy" means a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means. The property owner shall sign an affidavit before a notary public affirming that the owner occupies either the main building or the accessory dwelling. The applicant shall provide a covenant suitable for recording with the county recorder, providing notice to future owners or long term leases of the subject lot that the existence of the accessory dwelling unit is predicated upon the occupancy of either the accessory dwelling or the principal dwelling by the owner of the property. The covenant shall also require any owner of the property to notify a prospective buyer of the limitations of this section and to provide for the removal of improvements added to convert the premises to an accessory dwelling and the restoration of the site to a single-family dwelling in the event that any condition of approval is violated.

(2)

No accessory dwelling shall be constructed, used or occupied unless and until an accessory dwelling permit is issued.

(3)

The accessory dwelling shall be connected to the central electrical, water and sewer system of the principal structure. This provision does not apply to the electrical service if the distance between the primary structure and the accessory dwelling is greater than one hundred (100) lineal feet.

(4)

The total number of occupants in the accessory dwelling unit combined shall not exceed three (3) persons.

(5)

The accessory dwelling shall not exceed eight hundred (800) square feet of gross floor area in any single-family residential zoning district other than the "FR" zoning district, or one thousand two hundred (1,200) square feet in the "RE" zoning district. This restriction applies only to that portion of a structure that constitutes living area for an accessory dwelling.

(b)

Accessory Detached Dwelling Units. Where permitted pursuant to section 35-311 of this chapter, an accessory detached dwelling unit (ADDU) shall not be established except in accordance with the following criteria:

(1)

The building footprint for the ADDU shall not exceed forty (40) percent of the building footprint of the principal residence. The "building footprint" shall include porches, but shall not include patios.

(2)

Total floor area of the ADDU shall not exceed eight hundred (800) square feet or be less than three hundred (300) square feet.

(3)

An ADDU shall not contain more than one (1) bedroom.

(4)

Only one (1) accessory unit shall be permitted per lot.

(5)

Parking areas shall be located behind the front yard.

(6)

In order to maintain the architectural design, style, appearance and character of the main building as a single-family residence, the ADDU shall have a roof pitch, siding and window proportions identical to that of the principal residence.

(7)

Accessory detached dwelling units shall require a minimum setback from the rear and side property lines of five (5) feet.

(c)

Attached Accessory Dwelling Units.

(1)

The gross floor area of the accessory apartment shall not exceed thirty-five (35) percent of the total living area of the principal dwelling unit.

(2)

Occupancy of the accessory apartment shall not exceed one (1) person per two hundred (200) square feet of gross floor area.

(3)

Attached accessory dwelling units shall be in compliance with the required setbacks of the primary structure required by the underlying zoning district.

(Ord. No. 96564 § 3) (Ord. No. 97568 § 2) (Ord. No. 100126)